Memo

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to delivery or transport of wine pursuant to a farm winery license

PURPOSE:

To provide flexibility and efficiency to farm wineries by permitting farm winery employees to deliver and transport wine in their own vehicles.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 6 of section 76-a of the alcoholic beverage control law to permit farm winery employees to deliver wine using their own vehicles.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Farm wineries are becoming more prominent in New York State. These popular operations are visited regularly by New Yorkers and tourists, and are an emerging industry providing jobs and economic development opportunities across the state.

Like other businesses, farm wineries can benefit from greater flexibility in its operations. In this growing industry, circumstances can arise in which operational efficiency and customer satisfaction would be improved if farm winery employees were permitted to deliver wine using his or her own vehicle. For example, in some circumstances, a valued customer may reside in an area that is on-the-way home for a farm winery employee. In these situations, allowing the employee to deliver the wine to a customer in his or her own vehicle will provide flexibility and improve efficiency at the farm winery.

This type of arrangement will also reduce costs for a farm winery which is always a concern for businesses that are trying to grow. Without this legislation, these valued employees would be required to obtain certain permits or licenses to deliver wine in their own vehicles. The cost of these permits or licenses can quickly accumulate.

By allowing farm winery employees to deliver wine in their own vehicles, farm wineries will reduce costs, obtain operational flexibility and improve efficiency. These elements are crucial for the success of growing business and creating jobs - especially in upstate New York.

BILL HISTORY:

New Bill

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
5248
2013-2014 Regular Sessions
IN SENATE
May 15, 2013
___________

Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
delivery or transport of wine pursuant to a farm winery license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 6 of section 76-a of the alco-
holic beverage control law, as amended by chapter 571 of the laws of
2008, is amended to read as follows:
(d) Deliver or transport any New York state labelled wine manufactured
or produced by the licensee or any other winery or farm winery licensed
pursuant to this article in any vehicle THAT IS owned, leased or hired
by the licensee, AND/OR OWNED BY ANY EMPLOYEE OF THE LICENSEE PROVIDED
THAT SUCH EMPLOYEE CONSENTS TO SUCH USE OF HIS OR HER VEHICLE. The New
York state labelled wine can be delivered, transported or sold by the
licensee to any holder of: (i) a winery or farm winery license, (ii) a
license to sell alcoholic beverages for consumption on the premises,
(iii) a license to sell alcoholic beverages for consumption off the
premises, (iv) or any person that can receive or purchase wine from a
farm winery. [The] NEITHER THE licensee [is not] NOR ANY OF ITS EMPLOY-
EES SHALL BE required to obtain from the liquor authority a trucking
permit or pay any fees pursuant to section ninety-four of this chapter.
S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10962-01-3

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